Guiri

Hi,

I've read about the following 2 questions in threads on this and other forums but I'd like to ask them in isolation in order to clarify the answers:

1 - Is it legal for a UKC to marry a USC under the VWP and then leave the country, i.e. following the VWP conditions and NOT attempting to stay and adjust status etc.?

2 - Presuming the above is true, and my spouse files an I-130 immediately afterwards, is it permitted to re-enter on the VWP (assuming the usual risk of denial at POE) for short stays until the Green Card is processed?

Ok and here's a bonus 3rd question that's come to mind...

3 - Is the above a preferable way to obtain a Green Card than filing an I-129F first and taking that path?

All comments welcome. Thanks in advance.

meauxna

Hi there, welcome aboard!
1- Yes. Getting married in the US is not the issue. Immigrating without the correct visa is.

2- Yes. You may not 'live' in the US until you get the correct visa.

3- Maybe. That's a decision that's down to each family and their needs. Check out the wiki entry pinned to the top of the forum, the Comparison of marriage based visas for more details.

Let us know if we can answer any of the questions that help you arrive at that decision!

sir_eccles

I would say "yes, but...".

Yes it is legal, but if you get a suspicious POE agent having a bad day good luck trying to convince him/her and don't lie trying to do so.

Guiri

Thanks for you replies. In fact after posting I read this thread: http://britishexpats.com/forum/showthread.php?t=683035 which mostly answered my doubts.

Why would I even have to mention anything about getting married to the agent? I wouldn't know I was getting married would I

ian-mstm

You certainly wouldn't want to volunteer that information, but if asked, you must answer the question honestly. Being denied entry to the US is way down on the list of really bad things that could happen to you if you decide to try to hide the truth from the officer when the officer really wants to find out what's going on!

Ian

md95065

Whether or not someone will be allowed to enter the US using the VWP is a different question and yes, it is possible that entry might be denied someone who intended to get married in the US. That denial would not, however, be because they intended to get married but because CBP had doubts about whether that person would comply with the terms of the VWP.

Provided you meet all of the local requirements for getting married (which, of course, are different in every state) you can get married in the US - the question of how or why you are in the US is irrelevant.

nettlebed

To interpret Ian's statement, in case it's not clear enough, lying to gain entry to the US can in the worst cases render you permanently ineligible ever to enter the US.

Guiri

Hi and thanks for all your replies. They're much appreciated.

That's definitely a big IF IMO. In my experience of travelling on the VWP so far I can't imagine anyone asking directly "Are you gong to get married during this visit?". I've always been completely open about my reasons for being in the States. In any case, as md95065 says, being honest about that is not an issue in itself. It's about complying with the VWP terms, i.e. over staying illegally, changing status etc. My intention would be to get married, get the I-130 in motion, and go home again.

avanutria

In 2006 my now-DH entered the US to get married under the VWP. I just asked him and to the best of his recollection he was asked by the IO the purpose of his visit, and he answered "for a holiday and also to get married". The IO congratulated him on the wedding. I vaguely remember standing on the US side of immigration (I travelled with him), being pointed out by him to the IO, and waving. DH had brought proof with him of his intent to return to the UK (letter from boss, copy of mortgage agreement) but I don't think he was asked for them.

So if you're asked the intent of your visit, I would recommend mentioning the marriage, but indicate that you are returning home afterward and bring proof that you have obligations back home to return to.

meauxna

I'm not trying to stir anything up here, but people *have* been asked that question, directly. Just so that you know it's in the realm of the possible.

traceym

I was asked the question directly, my answer was of course no, didn't stop them taking me to secondary though!

discoviking

I was asked that question directly once, too. I answered 'No' as well. Our I-129F had already been submitted, and I came over on a B2, visiting for Christmas. (This was in the pre VWP days). Once I explained that I had to return for my last semester in college, visa processing in Oslo later on and showed my return ticket, the agent was satisfied and admitted me.

Wolfy

As others have said it has been asked directly!

I have made 3 visits in the first half of this year alone and left it 6 months before my return for christmas on 2 of the three visits i was asked if i had brought a ring or had wedding plans, this next vist I will be getting married and leaving within 3 weeks let alone the 90 days.

The stigma that they always ask the nature of vist business or pleasure is false and can go like this

IO=How long are you staying in the US
Me= 2 weeks
IO=where are you staying
Me=with my fiancee
IO=any plans to marry

that is how I see it going and there is no escape to the question, direct enough for a yes or no answer, but they are trained to know and how the next question may go depends on the reply

reply with a lie, get denied and possibly banned!
reply with truth and you have nothing to loose! apart from ever traveling on the vwp ever again if denied, just means you have to do the paperwork asap and the other will have to visit you!

jeffreyhy

I realize that this is an old post, but since Wolfy has dredged it up ...

When my girlfriend applied for a B2 visa (not a VWP country) and again when she entered the USA, both the consular officer and the CBP officer asked her almost word for word the same question - "You're not going to get married while you're [t]here, are you?"

Regards, JEff

randomgirl

I was also directly asked by the IO if I was going to be getting married. It was the second time I'd visited my then boyfriend (now husband) and she really grilled me on everything. So be prepared!

That time was the only time in 4 visits pre-visa that I was grilled, the other times were all fine.

As far as I can remember, the questions she asked were:

1. Why are you here? (to visit my boyfriend)
2. When was the last time you were here? (2 months ago - I gave her the exact dates of my last visit)
3. Who paid for your trip? (I did - he's visiting me in the UK in 4 months)
4. How long are you staying? (3 weeks)
5. Are you getting married? (no plans for marriage yet)

I answered all of her questions honestly, and she let me through. I wasn't really sure why she asked me who paid for my trip, but I was honest about it. I also had a return ticket for the date I said I was going home, but she didn't ask for it.

The best thing to do is tell the truth, answer the questions they ask and I would recommend getting a letter from your employer stating when you are due to return to work (I never got asked for that but it made me feel better having it with me on the last trip I made before I moved here!).

Lastly, as everyone else has said, it's fine to marry in the US when you're here on the VWP, but make sure you leave afterwards and get the proper visa to immigrate later. You want to do everything by the book, to be safe.